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Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 5267
Experience:  Licensed to practice before state and federal court
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The store hours changed recently at my job. Instead of my

Customer Question

The store hours changed recently at my job. Instead of my regular bi weekly of 79 hours, I am not getting paid for 77 hours. They did a calculation error I guess. I'm only working 76 hours bi weekly now. I've signed a salary form when they did the change that I would be paid the 77 hours. At the moment I didn't realize it should be 76. Can they fire me for overpaying me that extra hour? Thanks.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: NYS
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time at will.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Mope
Submitted: 1 month ago.
Category: Employment Law
Expert:  Legal Eagle replied 1 month ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. The answer unfortunately, is yes, they could fire you for breach of contract. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach, which means they would probably request that hour be returned back to them. However, parties are also required to work in good faith. One hour in the grand scheme is not very significant. It is possible that you could agree with the employer to have that additional hour deducted from a future check to make up for the difference because of a reasonable mistake at the time.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.